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The Bribery Act and DPAs: Transparency is the Key

The debate now ongoing in the UK about whether Deferred Prosecution Agreements (DPA) should be a tool available to prosecutors in the Serious Fraud Office (SFO) and Crown Prosecutors is an important issue that should be well reasoned and thoroughly vetted. However, from where I sit in the US, I believe...

Do Non-Prosecution Agreements and Deferred Prosecution Agreements Deter?

This article was reprinted with permission from FCPA Professor As highlighted below, the DOJ recently acknowledged, despite prior definitive statements by former Assistant Attorney General Lanny Breuer to the contrary, that "measuring the impact of non-prosecution agreements (NPA) and deferred...

The “Muzzle” Clause

This article was reprinted with permission from FCPA Professor In December 2012, the DOJ announced here as follows. "Standard Chartered Bank, a financial institution headquartered in London, has agreed to forfeit $227 million to the Justice Department for conspiring to violate the International...

Seeing the Light from the “Dark Ages”

This article was reprinted with permission from FCPA Professor During the panel session on DOJ non-prosecution and deferred prosecution agreements last week at the Corporate Crime Reporter sponsored conference in Washington, D.C., I shared my belief that it seems like DOJ is clearly troubled...

Are Deferred Prosecution Agreements Morally Suspect?

You know it is going to be a bad day when you are excoriated in public by a sitting federal district judge. It is even worse when the comments of that federal judge make it into one of the most prominent international business dailies around; the UK based Financial Times (FT). Both of the events occurred...

Hats Off to Judge Rakoff

This article was reprinted with permission from FCPA Professor My 2010 Senate Foreign Corrupt Practices Act testimony focused on two things. First, the general lack of individual enforcement actions in connection with most corporate FCPA enforcement actions. Second, how this dynamic (far from...

The Positive Effects of DPAs and NPAs in FCPA Enforcement

One of the oft-made criticisms regarding the Department of Justice (DOJ) around its enforcement of the Foreign Corrupt Practices Act (FCPA) is that the use of Deferred Prosecution Agreements (DPAs) and Non-Prosecution Agreements (NPAs) somehow pervert the course of justice. Some of the criticisms include...

Atlanta Burns – the Bio-Rad FCPA Enforcement Action – Part III

On this date in 1864, the Union Army phase of the destruction of Atlanta began. While most Southerners credit Union General William T. Sherman with the burning of Atlanta, it was, in reality, Confederate General John Bell Hood who ordered the burning of the armament works that started the destruction...

Scrooge and Corporate Settlement Agreements

Although there seems to be a difference in the precise publication date between the online reference sites This Day in History and Wikipedia , today we celebrate the Charles Dickens’ work A Christmas Carol, which both sites acknowledge was published in 1843. This story has become well known and...

Avon Resolves Long-Standing FCPA Scrutiny by Agreeing to $135 Million Settlement

This article was reprinted with permission from FCPA Professor Earlier this week, the DOJ and SEC announced resolution of Avon’s long-standing FCPA scrutiny in China. The conduct at issue took place between 2004 and 2008 and Avon disclosed the conduct to the enforcement agencies in 2008. ...

The Alstom FCPA Enforcement Action – Part I

As the first blog post of 2015, I thought it appropriate to highlight two outstanding confluences. The first is that this year is the centenary of the birth of Orson Welles. While not occurring in 2015, near the end of 2014 we had the settlement of the long-standing Alstom Foreign Corrupt Practices Act...

Three Cheers For Judge Rakoff

This article was reprinted with permission from FCPA Professor If you have not noticed by now, I admire Judge Jed Rakoff (S.D.N.Y.) (and not just because he looks like my Dad in a black robe). Judge Rakoff recently wrote a review of Professor Brandon Garrett’s book “Too Big To Fail”...

Two Thoughts Regarding the Extension of Biomet’s Deferred Prosecution Agreement

This article was reprinted with permission from FCPA Professor One reason to read FCPA Professor is it allows you to stay ahead of the curve and gain insight into the issues others will be talking about months or years later. For instance, this July 2014 post highlighted how Biomet’s 2013...

DOJ Tells DC Circuit – Hands Off Our DPAs

This article was reprinted with permission from FCPA Professor This February post highlighted Judge Richard Leon’s (D.D.C) refusal to rubber stamp a DOJ deferred prosecution agreement in U.S. v. Fokker Services (an enforcement action which resolved criminal charges against Fokker for unlawfully...

Louis Berger International and Two Former Employees Resolve Enforcement Action

This article was reprinted with permission from FCPA Professor Last Friday, the DOJ announced the second corporate Foreign Corrupt Practices Act enforcement action of 2015. It was against Louis Berger International Inc. (LBI, a New Jersey-based infrastructure and development company) and focused...